Bullying In the Workplace

1.0 ARTICLE OVERVIEW

This article taken from the Filepic/The star which discussed about bullying goes
far beyond the classroom-it gets into the workplace and throughout different stages of
life. The problem with workplace bullying is that over 70% of the bullies are managers or
top managements, but that doesn’t mean employees should stay silent when they see it
happening. A bully likes to perform and demonstrate their power. They often single the
victim out, isolate, and humiliate with nasty comments. Moreover that bullies often try to
find a way to disguise what they’re doing, and make it seem like it’s the victim’s fault.

Nowadays bullying is not happened to only students at school but also to workers
that have to face up throughout their working lives. Words bullying comes very synonims
to us in our daily life and it's become getting worse especially as we known many
employers now always neglected their responsibility to employees when their virtue,
safety and protection are not care properly. Bully also included employers are not
evolved to Social Security (SOCSO) and emplpyee provident fund (EPF), Face sexual
harassment and violation of their basic rights as per the Malaysian Employment Act.
Prolonged bullying to employees will lead to a situation where workers have lost their
self-confidence and self-motivation; this is call ‘toxic environment’. This causes the
employees will suffer a prolonged depression and lead to job performances will
decrease.

According to the Workplace Bullying Institute (WBI), workplace bullying is defined

as the “repeated, health-harming mistreatment of one or more persons by one or more
perpetrators”. Dr Gerard Louis from HELP International School counselling psychologist
would said the keyword in that definition would be “repeated’’. Another important thing is
that whether an act is considered bullying or not depends largely on the person on the
receiving end of it. No harm, no foul, and right. Sometime it certain thing are consider as
a part of working culture. If a recipient doesn’t find it unacceptable, then it is fine. But if
an employee feels aggrieved by it, or it is against his or her rights, then it is bullying.

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 General Secretary of Malaysian Trade Union Congress, Halim Mansur points that
every company should held a programmes to introduce and exposed rules and
regulations, working culture, benefits and rights to the employees so they can aviod to
become a victim of bullying in their workplace also they know the action can them made
if they are in that situation. This programme can help employees not being suffer
depression, anxiety and other stress related health problem.

2.0 THE ISSUE OF THE ARTICLE

The issue pertaining to this article is basically about the bullying in the workplace.
It's consist of:-

1) Bullying cases make a "Toxic Environment" to the company that can be a factor of
company reputation decrease and down the workers motivation.

2) Bullying could happen if an employee feels aggrieved by some action or behaviors, or

its against his or her rights.

3) Bullying including verbal abuse, sexually harassed, employers denying worker s

promotion, salary and bonus that they are clearly deserved to it.

4) Several ways if we are one of the victims, we should make a report to the company's
human resource management and to Industrial relation department, can file a
constructive dismissal under Industrial Relation Act 1957 and others.

3.0 RELATED INDUSTRIAL RELATIONS TOPICS AND ACTS

The article is closely related to the most important industrial relation text book
and also the act. It contains:

1. Malaysian Trade Union Congress (MTUC) under Trade Union Topic

2. Malaysia Employment Act 1955

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 3. Industrial Relation Act 1957

This article mentions about Malaysian Trades Union Congress (MTUC) general
secretary Halim Mansur said that most of the reported workplace bullying cases are not
physical in nature. He said, nowadays, workplace bullying is when workers are not given
proper protection, not enrolled to social security (SOCSO) and Employee Provident
Fund (EPF), face sexual harassment and violation of their basic rights as per the
Malaysian Employment Act. He added that some employees endure workplace bullying
because they don’t know their rights. Denying an employee the promotion and/or bonus
that they clearly deserve is also considered as bullying on the employer’s part. Halim
emphasized that every company should have an induction programmed to introduce its
rules and regulations, working culture, benefits, and rights for the employees. This is
also part of MTUC responsibility as unions that represent the employees to protect the
interest of its member right for what is entitle to the workers. To act as the spokesperson
for trade unions and represented the workers point of view to the tripartite body such as
Human Resources Ministry thru court (the government tripartite). Plus, it voice out on
behalf of workers as the middleman regarding their rules and regulations, working
culture, benefits and rights for the employees and other.

This article also mentioned about step the workers who are in bullying case to
face up a bully person. First step, report the bullying issue to the company’s human
resource management (to solve the problem domestically), if doesn’t work, then the
worker should report it to the Industrial Relations Department. Two options are given to
bullied workers. Employees who would like to end their service with the company can file
a constructive dismissal under the Industrial Relations Act 1957, which entitles the
employee to terminate the employment contract. In more serious cases, if an employee
finds his or her life threatened and endangered, he or she may file a report for
constructive dismissal and compensation for the unfair actions made against the victim.
Worker also can look for people who can help like trustworthy colleagues or higher
authorities if it is the bosses who are the bullies.

In Malaysian Employment Act 1955 section 14 Termination of contract for special

reasons subsection 3 provide an employee may terminate his contract of service with his
employer without notice where he or his dependants are immediately threatened by
danger to the person by violence or disease such as employee did not by his contract of

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service undertake to run. This is means, an employee or worker who has being bully by
employer can terminate their contract of service. Workers or employee who has been
bully by his employer can make a report to Director General according to section 79
Power of Director General to investigate possible offences under this act. Section 79,
subsection 1 provide Whenever the Director General has reasonable grounds for
suspecting that an offence under this Act has been committed, or wishes to inquire into
any matter dealt with by this Act or into any dispute as to such matter or into the death of
or injury to an employee (not the subject of an investigation under the Electr icity Act
1949, or the Factories and Machinery Act 1967, or any written law relating to mining for
the time being in force in Malaysia or any part thereof) or into any matter connected with
the keeping of registers and other documents, or whenever any person complains to the
Director General of any breach of any provision of this Act, the Director General may
summon any person who he has reason to believe can give information respecting such
offence or the subject matter of such inquiry or complaint. In subsection 2, according to
subsection 1 also said If upon inquiry as aforesaid the Director General is of opinion that
an offence has been committed, he may institute such criminal proceedings as he may
deem necessary. An employee should know their right when they are being bullied.

4.0 ANALYSIS

From the article, it shows that bullying is not something that happens only in
schools, but it also happens in the workplace. Bullying in the workplace can happen in
many forms, such as the employer consistently overlooked for promotion or bonuses of
certain employees, sexually harass by the boss and so on. Usually the bully is a
powerful person of the company. These kinds of actions need to stop because it affects
people physically and mentally, resulting in increased stress levels, decreased emotional
wellbeing, reduced coping strategies and lower work performance.

5.0 RECOMMENDATIONS

Workplace bullying is a risk to health and safety. It can occur wherever people
work together in all types of workplaces. It is best dealt with by taking steps to prevent it

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from occurring and responding quickly if it does occur. The longer the bullying behavior
continues, the more difficult it is to address and the harder it becomes to repair working
relationships. Health and safety risks in a workplace must be eliminated so far as is
reasonably practicable. If this is not possible, the risks must be minimized so far as is
reasonably practicable. The risk of workplace bullying can be eliminated or minimized by
taking a pro-active approach that involves early identification of unreasonable behavior
and situations likely to increase the risk of workplace bullying, implementing control
measures to manage the risks, and monitoring and reviewing the effectiveness of the
control measures.

It is crucial for the employees to know their rights, because if they don’t, it can
lead to bullying. Every company or organization should organize a programme to
introduce its rules and regulations, working culture and also the rights of the employees.
As for the victims of bullying, they should lodge a report to the higher authority such as
Human Resource Department of the company and if it does not work, a report should be
made to the Industrial Relations Department. The victim also may file a report for
constructive dismissal under the Industrial Relations Act 1957 and compensation for the
unfair actions made by the employer.

6.0 CONCLUSION

As a conclusion, bullying is any workplace behavior that's physically, mentally or

social threatening some types are also crimes. It's everyone's responsibility to stop it
from continuously happened and getting worse especially employers who have take this
situation seriously. Why this situation must involve to everyone?? Because it can affect
an individual include shock, anger, feelings of frustration, loss of confidence, low morale
and productivity and so on. It is also affect the workplace by increased cost for employee
assistance programs, increased risk for accidents, poor customer service and reduced
corporate image and customer confidence. If we're being bullied, don’t just being quietly
and hiding from others because we're not alone besides that there is act and laws that
guide and protect us. All jurisdiction have legislation about workplace violence and/or
harassment where there is no legislation which specifically addressed bullying, the

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general duty clause establishes the duty of employers to protect employees from risk at
work. These risks can include harm from both physical and mental health aspects.

In addition, federal and provincial human rights laws prohibit harassment related to
race, national or ethnic origin, color, religion, age, sex, marital status, family status,
disability, pardoned conviction, or sexual orientation. In certain situations, these laws
may apply to bullying.

7.0 REFERENCES

1) www.ccohs.ca/oshanswers/psychosocial/bullying.html

2) en.m.wikipedia.org/wiki/workplace_bullying

3)http://www.safeworkaustralia.gov.au/sites/SWA/about/Publications/Documents/827/Gu
ide-preventing-responding-workplace-bullying.pdf

4)http://www.business.govt.nz/worksafe/information-guidance/all-guidance-
items/bullying-guidelines/workplace-bullying

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